Who was sent to the Gaol?

Hardened criminals were not the only people to serve time at the Melbourne Gaol. Dramatic changes taking place in nineteenth century society caused upheaval that left many people struggling. Gaol was an institution in which the poorer classes were highly represented.

- So who did get sent to gaol?
- Why might someone be imprisoned because of what they were, as much as for what they did?
- And how does this reflect the social and economic realities of the era?

Scroll through the narrative galleries below to explore the reasons why many different types of people might end up in gaol in the second half of the nineteenth century. Hover your mouse over an image to reveal further information.

Please note that images of deceased Indigenous people are contained within this webpage.

Victorian-era values

The Melbourne Gaol operated during the ‘Victorian-era’ – a time that was concerned with improving public morals, low tolerance towards crime and a strict social code of conduct. The ‘class system’ was strong and this imposed harsh living conditions on the poor – who were often judged to be immoral and therefore more likely to commit crime. (1 of 3)

Victorian-era values

The pseudo-science of phrenology was very popular in the nineteenth century – the belief that a person’s character was determined by the shape of their head. By studying ‘death masks’ of executed criminals, generalisations were made about the appearance of the ‘criminal type.’ ‘Respectable’ society could keep a closer watch on those with suspicious head shapes. (2 of 3)

Victorian-era values

Like all Australian colonies, Victoria was established under Britain’s parliamentary and judiciary traditions. These were different during the nineteenth century than they are today. Judges in the courts had more power and capital punishment was very much a feature of criminal justice. (3 of 3)

Life on society's fringe

Social welfare institutions weren't properly established until the 20th century. Prior to that support for the poor, sick, unemployed, or mentally ill was initiated by religious or socially progressive groups, and only had an impact on a fraction of the population. Prisoners released from gaol often had nowhere to go and no work, so inevitably re-offended and returned to gaol. (1 of 8)

Life on society's fringe

In Victorian times the ‘curse of the working class' was thought to be alcohol. The poorer classes lived in a society where it was difficult to advance socially and poverty and starvation was a reality. Some people did indeed allow alcohol to ruin their lives in an attempt to forget their troubles. ‘Respectable’ classes looked down on alcohol as they thought it was immoral. (2 of 8)

Life on society's fringe

Vagrancy – not having enough money to support yourself – was considered a crime in Victorian times. Unmarried women in particular, with few resources or opportunities available to them, would often be sentenced for vagrancy. Some desperate and homeless people committed crimes in order to get a roof over their heads, food in their stomachs or medical attention. (3 of 8)

Life on society's fringe

Prior to the 1872 Education Act, school was not compulsory in Australia and had been a luxury many families couldn't afford. Child labour had been exploited since the industrial revolution. Children of mothers who’d been imprisoned would often go to gaol with them because there was nowhere else for them to go. (See newspaper reports below) (4 of 8)

Life on society's fringe

By the late Nineteenth Century distinctions were being made between a ‘criminal’ and a ‘lunatic’ population – with the establishment of dedicated asylums. Prior to that lines were blurred around mental illness, alcoholism, and other anti-social behaviours. Regardless of the extent of any criminal activity, ‘lunatics’ were often imprisoned to remove them from society. (5 of 8)

Life on society's fringe

Incarcerating people who couldn’t pay their debts began in medieval times, and debtors’ prisons formed part of the British justice system. Debt was a classless crime; many people from ‘respectable’ society – usually male – found themselves in prison for this reason. The practice continued in Australia well into the twentieth century.
(6 of 8)

Life on society's fringe

The British ruling class dominated the political and economic landscape in Nineteenth Century Australia. Other races and nationalities found it difficult to influence the system, were often discriminated against and many lived in poverty. The Irish were the largest group to experience this. The outbreak of the Kelly Gang in 1878 was a reaction to this situation. (7 of 8)

Life on society's fringe

When the British took possession of Australia in 1788, they claimed a right to do so under a European Law relating to unoccupied lands. The resulting cultural, political and legal clash with Indigenous people continues to this day. Victoria’s first executions in 1842 were two Palawa (Tasmanian) aborigines: Tunnerminnerwait and Maulboyheenner. (8 of 8)

Castieau's Diary

John Buckley Castieau arrived in Port Phillip during the goldrushes and was employed as a turnkey at the Melbourne Gaol. He later became governor, and devoted his career to the prison system. His diaries, written between the 1850s and the early 1880s, reveal much about the lives of the people living within the gaol walls. (1 of 5)

Castieau's Diary

What do you think might have happened to this man the follow day?
(2 of 5)

Castieau's Diary

Here Castieau describes the family of a bushranger who would soon be hanged. Today the man would be sent to prison rather than be hanged. But how would the situation be any different for his family if this scenario took place today?
(3 of 5)

Castieau's Diary

Castieau's diaries were published under the title, 'The Difficulties of My Position'. How does this extract reveal why he felt that way?
(4 of 5)

Castieau's Diary

The woman in this incident had her child living with her in prison. Do you know whether children still accompany their mothers to prison today? How can you find out?
(5 of 5)

Newspaper reports

Many of the newspapers published in Victoria during this era are still available to us today. Reading them now provides a fascinating insight into the issues, people, attitudes and voices of nineteenth century Victoria. Here are some articles relating to the criminal justice system – and who was going through it.
(1 of 5)

Newspaper reports

What can we learn about early Melbourne from this article? Do you think the boys were deliberately damaging the trees? What are 'Crown Lands'? Why has the journalist punctuated the words 'ornamental tress' with an exclamation mark?
(2 of 5)

Newspaper reports

This article reveals how difficult life was in Melbourne for a single mother during the gold rush years. Ann Tysen was 'brought up' before a magistrate for being homeless. What options do you think the magistrate had in dealing with her case? What do you think became of Ann Tysen and her children? (3 of 5)

Newspaper reports

In 1860, when this article was written, there was little 'provision' made by the government for children whose parents were sent to prison. What do the different attitudes of the Mayor and the Magistrate (Mr Bonsey) in this story reveal about how society dealt with children at this time? (4 of 5)

Newspaper reports

How does the language used to describe Chinese people – and the sentiment of the journalist – reveal the attitudes of the predominantly British society during the Gold Rushes?
(5 of 5)